Class action against former UNB psychiatrist withdrawn, mass-tort lawsuit coming, says lawyer

Lawyers have discontinued a class-action lawsuit alleging sexual assault by a former University of New Brunswick psychiatrist toward his patients and say they'll instead file a mass-tort lawsuit.

During a case management conference in Fredericton Court of King's Bench Tuesday afternoon, lawyer Mike Dull requested a class-action lawsuit naming Dr. Manoj Bhargava and UNB be withdrawn.

Representing the class members, Dull said he was originally scheduled to make submissions to have the class suit certified, but instead wished to abandon that request.

"It's not a reflection of how we feel about the merits of the allegations, but rather, it comes about on our full reflection of whether a class proceeding is the preferable procedure in which to advance those merits," Dull said.

Lawyers present for Bhargava and UNB consented to the class action being withdrawn.

Bhargava and UNB were originally named in the lawsuit filed in April 2021. 

It alleged that while he worked as a psychiatrist at UNB Fredericton's Student Health Centre, he touched patients' breasts while checking their blood pressure and heart rate.

The class-action lawsuit also alleged that UNB didn't take appropriate steps to ensure the plaintiffs were not subjected to such acts, and that UNB was vicariously liable for the sexual assaults allegedly perpetrated by Bhargava.

The university terminated Bhargav's contract in November 2020. The termination and lawsuit came after Bhargava's licence was suspended by the New Brunswick College of Physicians and Surgeons.

More defendants could be named: lawyer

Erika Hachey, another lawyer for the plaintiffs in the class action, said in an interview a mass-tort lawsuit is being pursued as it better reflects the varied experiences of each complainant.

Hachey said some class members alleged Bhargava assaulted them while he was working at other health clinics.

A mass tort will allow plaintiffs to include those varying claims about where Bhargava allegedly assaulted them, Hachey said.

"So we are going to include those … new defendants, as well as … the former class members and the new people that had contacted us, and they will all be considered plaintiffs in our new mass tort action," Hachey said.

Hachey said a mass tort is also expected to bring a quicker resolution to the case, as there's no need to get the lawsuit certified as is the case with a class action.

18 complaints: College of Physicians and Surgeons

The class-action lawsuit originally included 14 members, however, Hachey said she can't say how many people will be named in the new mass-tort lawsuit until they formally provide statements.

"I have been advised by some of my clients that there are still people out there that are waiting and have not stepped forward to contact us," she said. "I just want those people to know that this is the time to contact us."

In 2021, New Brunswick College of Physicians and Surgeons registrar Dr. Ed Schollenberg said the college had received 18 sexual assault complaints against Bhargava from individual patients.

A lawyer for UNB declined an interview request, and Bhargava's lawyer did not respond to a request for comment Tuesday afternoon.